UNITED STATES of America, Plaintiff-Appellee, v. Darnell PARKS, Defendant-Appellant

Appellant Darnell Parks was sentenced to a term of forty-six months of imprisonment because he was a felon in possession of a firearm. On appeal, he argues that in calculating his criminal history category, the district court erred in assessing two points for his being under a term of Washington state legal financial obligation supervision. We agree and remand the ease for resentencing.

I.

Parks pleaded guilty to a one-count indictment charging him with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Pursuant to U.S.S.G. § 2K2.1(a)(4)(A), the Presentence Report (PSR) calculated his base offense level as 20 and applied a three-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1, for an adjusted offense level of 17.

The PSR assessed a criminal history category of V based on a total of ten criminal history points: hit and run (1987 — 1 point); unlawful possession of cocaine (1988 — 2 points); obstructing a public servant (1990— 1 point); possession of marijuana (1991 — 1 point); second degree robbery (1991 — 2 points); possession of marijuana (1993 — 1 point).

The district court imposed Parks’ ninth and tenth criminal…